Just four months after President Barack H. Obama assumed the presidency on January 20, 2009, he issued a memorandum setting an important preemption policy for his Administration. The memorandum directed the heads of executive departments and agencies that preemption of state law should be undertaken only with full consideration of the legitimate prerogatives of the states and with a sufficient legal basis for preemption. This significant policy issue warranted attention at the start of a new administration. The importance of this issue has been recognized not only by the executive branch of government but also by the legislative.
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